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Mental Health (Compulsory Assessment and Treatment) Amendment Bill (Consistent) [2010] NZBORARp 1 (10 February 2010)

Last Updated: 5 May 2019

Mental Health (Compulsory Assessment and Treatment) Amendment Bill

10 FEBRUARY 2010 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

MENTAL HEALTH (COMPULSORY ASSESSMENT AND TREATMENT) AMENDMENT BILL

1. We have considered whether the Mental Health (Compulsory Assessment and Treatment) Amendment Bill (“the Bill”), a Member’s Bill in the name of Hon Luamanuvao Winnie Laban, is consistent with the New Zealand Bill of Rights Act

1990 (“Bill of Rights Act”). The Bill was introduced into the House of Representatives on 10 December 2009 and is currently awaiting its first reading. We understand that the next Member’s Day is scheduled for 17 February 2010.

2. The Bill proposes increased family or whānau involvement with family members being dealt with under the Mental Health (Compulsory Assessment and Treatment) Act 1992. The changes seek to:
   

• ensure that, where appropriate, families and whānau will have significant involvement with family members being dealt with under the principal Act and be provided with sufficient information to make informed decisions about their family member; and
• ensure that in all cases families and whānau will be better informed about mental

illness in general and therefore better able to give support to their family member.

We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Mental Health (Compulsory Assessment and Treatment) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the

Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.